Instructions and contact detailsgo to Narrative evidence [..] corruption on the Fast4truth Start Menuand the link is at the top of the Menu

21 Apr 2010

Natural Justice - R Vs Sussex Justices 1924

FACTS=====In 1923 McCarthy, a motorcyclist, was involved in a road accidentwhich resulted in his prosecution before a Magistrates Courtfor dangerous driving.

Unknown to the Defendant and his Solicitors,the Clerk to the Justices was a member of the firm of Solicitorsacting in a civil claim against the Defendantarising out of the accidentthat had given rise to the prosecution.

The Clerk retired with the Justices,who returned to convict the Defendant.

On learning of the Clerk's provenance,the Defendant applied to have the conviction quashed.

The Justices swore affidavits statingthat they had reached their decision to convict the Defendantwithout consulting their Clerk.

-====================================================-

JUDGEMENT=========The Appeal was essentially one of Judicial Reviewand was heard at the King's Bench divisionby Lord Chief Justice Hewart.

In a landmark and far-reaching judgement, Lord Hewart CJ said:

"It is said, and, no doubt, truly,that when that gentleman [ the Clerk to the Justices ]retired in the usual way with the justices,taking with him the notes of the evidencein case the justices might desire to consult him,the justices came to a conclusion without consulting him,and that he scrupulously abstainedfrom referring to the case in any way.

But while that is so,a long line of cases showsthat it is not merely of some importance,but is of fundamental importance,that justice should not only be done,but should manifestly and undoubtedly be seen to be done.

The question therefore is not whether in this casethe deputy clerk made any observation or offered any criticismwhich he might not properly have made or offered;the question is whether he was so related to the case in its civil aspectas to be unfit to act as clerk to the justices in the criminal matter.

The answer to that questiondepends not upon what actually was donebut upon what might appear to be done.

Nothing is to be donewhich creates even a suspicion that there has beenan improper interference with the course of justice.

Speaking for myself,I accept the statements contained in the justices' affidavit,but they show very clearly that the deputy clerkwas connected with the case in a capacitywhich made it right that he should scrupulously abstainfrom referring to the matter in any way,although he retired with the justices;in other words, his one position was such that he could not,if he had been required to do so,discharge the duties which his other position involved.

His twofold position was a manifest contradiction.

In those circumstancesI am satisfied that this conviction must be quashed,unless it can be shown that the applicant or his solicitorwas aware of the point that might be taken,refrained from taking it,and took his chance of an acquittal on the facts,and then, on a conviction being recorded,decided to take the point.

On the facts I am satisfiedthat there has been no waiver of the irregularity,and, that being so,the rule must be made absolute and the conviction quashed."

-====================================================-

For Caradon District Council to be decidingit's response to Tim Wilmot's allegations against council officerson the basis of the same officers comprising a secret committeethat keeps no minutes,is totally unacceptable.